Kidnapping Flashcards
Section Act for Kidnapping
Section 209 (a) or (b) or (c), Crimes Act 1961
Imprisonment of kidnapping
14 years
Ingredients
Unlawfully Takes away or detains A person Without his or her consent OR with his or her consent obtained by fraud or duress With intent to:
(a) - To hold him or her for
ransom or to
service
OR
(b) - To cause him or her to be
imprisoned or
confined
OR
(c) - To cause him or her to be
sent or taken
out of NZ
Definition of unlawfully
Without Lawful justification, authority or excuse
Case law of Takes away or Detains
Taking away and detaining are “separate and distinct offences. The first consists of taking [the victim] away; the second of detaining them.
R v Crossan
Takes Away case law
The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.
R v Wellard
Case law detains
Detains:
Detaining is an active concept meaning to “keep in confinement or custody.” This is to be contrasted to the passive concept of “harbouring” or mere failure to hand over.
R v Pryce
Definition of a person
Gender neutral. Proven by judicial notice or by circumstantial evidence
Definition of consent
“Consent” is a person’s conscious and voluntary agreement to something desired or proposed by another.
Case law for consent
Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment.”
R v Cox
Consent by fraud definition
Consent obtained by the misrepresentation of the facts or the offenders intentions
Consent by duress definition
Consent obtained by actual or implied threat of force to the victim or another person. Can include other forms of pressure or coercion.
Can a child under 16 give consent
A child under the age of 16 years cannot consent to being taken away or detained.
Sec. 209A, Crimes Act 1961
Definition of intent
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result
Case law for intent
The offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary….that the Crown should show the intent was carried out.
R v Mohi
